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Valencia v. Suros6/7/2005
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Juan Suros, M.D., and his medical group (collectively Dr. Suros) appeal from an order denying Dr. Suros's petition to compel binding arbitration in a medical malpractice action brought by Rafael Valencia. We reverse, concluding that Dr. Suros met his burden to establish an enforceable arbitration agreement, and there was insufficient evidence to support Valencia's asserted defenses.
FACTUAL AND PROCEDURAL BACKGROUND
Valencia's first office visit with Dr. Suros was in July 2001. During a subsequent office visit on August 28, 2001, Valencia signed a document entitled "PHYSICIAN-PATIENT ARBITRATION AGREEMENT," agreeing to arbitrate all medical malpractice claims pertaining to Dr. Suros's treatment. Immediately above Valencia's signature, the following printed words appear in all capital letters and in red ink: "NOTICE: BY SIGNING THIS CONTRACT YOU ARE AGREEING TO HAVE ANY ISSUE OF MEDICAL MALPRACTICE DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP YOUR RIGHT TO A JURY OR COURT TRIAL. SEE ARTICLE 1 OF THIS CONTRACT." Article 1 is entitled "Agreement to Arbitrate" and states that Valencia agreed to arbitrate "any dispute as to medical malpractice . . . ." Valencia also initialed a retroactive clause in the arbitration agreement, making the agreement applicable to all prior and subsequent treatment.
Several weeks later, Dr. Suros performed vascular surgery on Valencia. Valencia later filed a medical malpractice action against Dr. Suros. In response, Dr. Suros moved to compel arbitration, supported by a copy of the August 28 arbitration agreement signed by Valencia.
Valencia opposed the petition, claiming he did not knowingly and voluntarily sign the arbitration agreement. In support he submitted his declaration stating that he had no specific recollection of signing the arbitration agreement, and that it was his general practice to sign whatever the office staff told him to sign without reading the document and without asking questions. He admitted he spoke and read "some English," but stated Spanish was his primary language. Valencia acknowledged he had previously "filled out" an English-language new patient information sheet given to him by Dr. Suros's staff, and said that Dr. Suros's staff had never offered him any documents in Spanish. Valencia said that neither the office staff nor Dr. Suros explained the arbitration document to him. Valencia said he was not "presented with any alternatives was just given the documents and told to 'sign them.'"
In response, Dr. Suros argued that these facts did not establish a valid basis to invalidate the signed arbitration agreement. Dr. Suros additionally submitted his own declaration stating he had instructed his staff to "give the patient an arbitration agreement printed in whichever language he or she expressed him/herself," and that at his first office visit, Valencia filled out the medical forms in English.
Valencia objected to Dr. Suros's declaration, noting that Dr. Suros did not identify the staff member who actually provided the arbitration agreement to him. Valencia also submitted a copy of Dr. Suros's deposition transcript in which Dr. Suros testified that he spoke exclusively Spanish with Valencia during his office visits, and that sometimes those visits lasted one hour. Based on these facts, Valencia argued that it was "incumbent
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